Daily Report for 3/28/2024

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HB 361CommitteeShupeThis Act requires a public school to provide a breakfast meal and a lunch meal free of charge to a student who is eligible for a reduced-price meal. This Act requires the Department of Education to reimburse public schools for the free meals required by this Act by paying the difference between the cost of the free meal provided to a student and the reduced-price meal.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL MEAL PROGRAMS.
HR 42Passed HouseGriffithThis House Resolution designates March 28, 2024 as opening day for youth baseball and softball players. DESIGNATING MARCH 28, 2024 AS OPENING DAY FOR YOUTH BASEBALL AND SOFTBALL PLAYERS.
HB 356CommitteeChukwuochaOn military installations subject to exclusive federal jurisdiction the investigation and prosecution of juveniles for alleged violation of federal crimes is conducted in the federal court system. The federal court system often tries juveniles as adults and it lacks juvenile-focused resources. This Act allows the Governor to accept back, on behalf of the State, at the request of the United States, concurrent jurisdiction over crimes involving juveniles, on military installations located in the State, which the federal government previously had exclusive jurisdiction only if the violation of federal law is also a crime under State law. After the Governor, by Executive Order, accepts the request of the United States’ official, the Executive Order must be filed with the Delaware Secretary of State and recorded in the office of the Recorder of Deeds in the county where the military installation is located. Once the Governor accepts the request for concurrent criminal juvenile legislative jurisdiction this Act allows any State agency or local government agency to enter into a memorandum of understanding with any federal agency for coordination and designation of responsibility related to the concurrent criminal juvenile legislative jurisdiction. This Act also grants the Family Court jurisdiction to adjudicate delinquency hearings involving juveniles, under the age of 18, who have been charged with violating Title 11,16, or 21, within the boundaries of a military installation if concurrent juvenile legislative jurisdiction is established under Section 108 of Title 29.AN ACT TO AMEND TITLES 10 AND 29 OF THE DELAWARE CODE RELATING TO CONCURRENT JURISDICTION OF JUVENILES WHO COMMIT CRIMES ON UNITED STATES MILITARY INSTALLATIONS.
HS 1 for HB 293CommitteeCarsonFederal and Delaware law protect the right to vote and the rights of individuals with disabilities to have equal access to voting places and public facilities. Nonetheless, recent information suggests that a substantial number of polling places in Delaware are either inaccessible to persons with disabilities or lack accessible parking, infringing on the right of all eligible persons to vote in this State. This substitute, like House Bill No. 293, requires that the Department of Elections ensure that polling places selected for elections are accessible to voters with disabilities and elderly voters. This substitute adds a provision that in addition to being accessible, the accessibility features are available to voters in any election. Like House Bill No. 293, this substitute allows certain exceptions for states of emergency, or for circumstances in which no accessible polling place in a particular polling area is available and the Election Commissioner ensures that those voters impacted are provided with an alternative accessible polling place or alternative means for casting a ballot upon advance request. This substitute limits the states of emergency that would allow an exception to natural disasters or other emergencies that render a polling place unsafe or unusable. This substitute also adds a provision allowing any person with information that the Department has not complied with this section to file an administrative complaint with the Department. AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS.
HA 1 to HB 14PassedCarsonThis Amendment does the following: (1) Limits the use of commercial trotlines to a maximum of 3 anchored long lines totaling no more than 3,600 feet; (2) Prohibits trotline users from using commercial or recreational auto dippers for harvesting; and (3) Clarifies that trotlines may not be used between the hours of one hour after sunset and one hour before sunrise. 

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
SB 194 w/ SA 1CommitteeS. McBrideThis Act allows pharmacists, under protocol approved by the Division of Public Health, to provide HIV pre-exposure and post-exposure prophylaxis treatments.AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PRACTICE OF PHARMACY.
HB 285PassedOsienskiThis Act amends the Delaware Medical Marijuana Act by removing the requirement that a patient have a debilitating medical condition to qualify for a registry identification card, instead allowing health-care providers to make the determination of whether a patient has a diagnosed medical condition for which the patient would receive therapeutic or palliative benefit from the use of medical marijuana. As a result, this Act removes the CBD-rich and compassionate use programs, which previously allowed for the use of marijuana for the treatment of conditions that otherwise did not qualify a patient for a registry identification card. This Act allows patients aged 65 and older to self-certify their qualification for a registry identification card without a written certification from a health-care provider. This Act authorizes the Department to issue registry identification cards with 1-, 2-, or 3-year expiration dates. It also requires the issuance of a registry identification card with an indefinite expiration date where the qualifying patient has a terminal illness. This Act allows individuals with out-of-state registry identification cards or equivalent certifications who would qualify for a registry identification card in this State to use those cards or certifications for any purpose for which the person would be authorized to use a registry identification card issued under this chapter.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO MEDICAL MARIJUANA.
SB 198CommitteeHansenThis Act revises existing animal cruelty laws to include people who knowingly possess, own, buy, sell, transfer, or manufacture animal fighting paraphernalia with the intent to engage in or otherwise promote or facilitate such fighting as guilty of a class E felony. This Act defines “animal fighting paraphernalia” and creates a list of considerations a court may use when assessing whether an item or object qualifies as animal fighting paraphernalia. AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ANIMAL FIGHTING.
SS 1 for SB 164 w/ SA 1CommitteeHoffnerThis Act allows for correctional officers employed with the Department of Correction to make a written request that their personal information not be published and remain confidential. The Act takes effect 180 days following its enactment. The substitute bill changes the following from the original bill: (1) Adds an applicability section clarifying these privacy protections only apply for correctional officers who serve or have served with the Department of Correction on the enactment date. (2) Retains the original language of “publicly posts” as opposed to “knowingly posts”. (3) Changes the duration period of the written request to two years. (4) Clarifies that a correctional officer that is removed for cause or fired will have their written request immediately removed. (5) Allows for renewal of written requests by correctional officers who remain employed with the Department of Correction. (6) Allows for a correctional officer to revoke their written request. (7) Allows for a correctional officer who retires or leaves the job in good standing to obtain a two-year extension of their written request from the date of their retirement or date of leave.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PRIVACY FOR CORRECTIONAL OFFICERS, PROBATION OFFICERS, AND PAROLE OFFICERS.
SB 243CommitteeGayThis Act deletes the current Charter of the Village of Ardencroft (the "Village") and replaces it with a new charter that differs in several respects. Among other changes, the Act changes the Village's governing body from the "Town Meeting" to the "Village Assembly." The Act also adds a requirement for residents to qualify as eligible voters. Under the current charter, eligible voters are persons 18 or older who have resided in the Village for a period of 30 consecutive days. The new charter provides that an "eligible voter" means a resident who is 18 years or older, and defines "resident" to mean a person who has resided in the Village for a period of 30 consecutive days and who currently resides in the Village for the majority of the calendar year. In addition, the Act clarifies that "resident" includes persons renting housing units in the village, as well as resident leaseholders. The Act decreases the minimum required number of regular meetings of the governing body from 6, under the current charter, to 4, under the new charter, and clarifies that they may be held virtually, in whole or in part, and that they are open to the public, which includes persons who are not eligible to vote. Finally, the Act removes the current charter's provisions concerning a town police force.AN ACT TO AMEND THE CHARTER OF THE VILLAGE OF ARDENCROFT.
SA 1 to SS 1 for SB 164PassedHoffnerThis Amendment clarifies all of the following: (1) The process for a correctional officer to submit a written request for government agencies or persons to remove or refrain from publicly posting or displaying the personal information of the correctional officer or the officer’s family. (2) The Department of Correction’s responsibility for developing policies and procedures for when a correctional officer requests the Department to notify government agencies and persons of the correctional officer’s written request and for enrolling the correctional officer in the services of an online privacy vendor. 
HCR 106PassedBaumbachThis concurrent resolution designates April 7-13, 2024 as "Delaware Library Week" in the State of Delaware.DESIGNATING APRIL 7-13, 2024, AS “DELAWARE LIBRARY WEEK” IN THE STATE OF DELAWARE.
HCR 110PassedDorsey WalkerThis Concurrent Resolution supports Congressional efforts to proclaim the fourth Thursday in March a National Tuskegee Airmen Commemoration Day.RECOGNIZING THE 4TH THURSDAY IN MARCH AS NATIONAL TUSKEGEE AIRMEN COMMEMORATION DAY.
HCR 104PassedHilovskyThrough this resolution, we recognize the service and sacrifices Veterans have made for the safety of our nation and reaffirm our commitment to supporting and advocating for the needs of our Veteran community, ensuring that they receive the recognition, respect, care, and benefits they rightfully earned.PROCLAIMING THE DAY OF MARCH 28 AS “WE THE VETERANS” DAY.
SA 1 to SB 194PassedS. McBrideThis Amendment does the following: 1. It clarifies the requirement for training required prior to the first time a pharmacist initiates therapy under this Act. 2. It changes the language for the type of negative test required to make it a test that is approved by the U.S. FDA. 3. It clarifies the requirements for action to be taken if a patient tests positive and adds the requirement, if approved by the patient, to send the test results to a primary care provider if the patient has one. 

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
HB 275CommitteeMorrisonThis Act updates the definition of "sexual orientation" throughout the Delaware Code by adding asexuality and pansexuality. Asexuality refers to individuals with little to no sexual attraction to other individuals, although asexual individuals may desire emotionally intimate relationships with other individuals. Pansexuality refers to individuals who are attracted sexually or romantically, or both, to another individual regardless of that individual's sex or gender identity. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 6, TITLE 11, TITLE 18, TITLE 19, AND TITLE 25 OF THE DELAWARE CODE RELATING TO THE DEFINITION OF SEXUAL ORIENTATION.
HB 277 w/ HA 1CommitteeK. WilliamsThis Act designates the Court of Common Pleas as the court with original jurisdiction of offenses under section 4172 of Title 21.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPEED EXHIBITIONS.
SB 220SignedS. McBrideMedicaid is generally the “payer of last resort,” meaning that Medicaid only pays claims for covered items and services if there are no other liable third-party payers for the same items and services. When Medicaid beneficiaries have one or more additional sources of coverage for health care services, third-party liability (TPL) rules govern the legal obligation of such third parties. Section 1902(a)(25)(A) of the Social Security Act defines third-party payers as health insurers, managed care organizations, and group health plans, among others. The federal Consolidated Appropriations Act of 2022 (CAA 2022), enacted March 15, 2022, increased state flexibility with respect to TPL. Section 202 of the CAA, 2022 amended section 1902(a)(25)(I) of the Act to require a state plan for medical assistance to provide assurances satisfactory to the Secretary that the state has state laws in place that bar responsible third-party payers (other than Medicare plans) from refusing payment for an item or service solely on the basis that such item or service did not receive prior authorization under the third-party payer’s rules. Specifically, if the responsible third party requires prior authorization for an item or service furnished to a Medicaid-eligible individual, the responsible third party must accept the authorization provided by the state that the item or service is covered under the state plan (or waiver of such plan) for such individual, as if such authorization was made by the third party for such item or service. Authorization by the state means that the item or service an individual received (and for which third-party reimbursement is being sought) is a covered service or item under the Medicaid state plan (or waiver of such plan) for that individual. The effective date for this new federal provision is January 1, 2024, with an exception for states that first need to pass state legislation to comply with the change in law. This bill is intended to update the provisions of Title 18, § 4003 to make them consistent with federal law contained in the Consolidated Appropriations Act of 2022. AN ACT TO AMEND TITLE 18 RELATING TO HEALTH INSURANCE FOR CHILDREN AND PERSONS ON MEDICAID.
HA 1 to HB 277PassedK. WilliamsThis Amendment clarifies the intent of HB 277 to provide the Court of Common Pleas with sole original jurisdiction, to the exclusion of the Justice of the Peace Court, of offenses under section 4172 of Title 21, and that a violation of this section is within the jurisdiction of the Superior Court when it is joined with another offense that is within the jurisdiction of the Superior Court. 
HB 313CommitteeNealThis Act ensures that all female inmates in DDOC custody, at level IV or V, receive annual or biennial screening mammograms as recommended by the United States Preventive Services Task Force. AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO MAMMOGRAMS.
HB 314CommitteeMatthewsThis Act does all of the following: (1) Allows for all licensed practitioners that are treating a driver for a medical condition to report findings which allows for Nurse Practitioner, Physician Assistant, or Physician to sign Division paperwork and mirrors verbiage found in Title 24; (2) Updates the name of Medical Council to Board of Medical Licensure and Discipline which ensures compliance with code in handling of individual cases; and (3) Changes the Secretary of Health and Social Services to Secretary of Transportation for determining the status of driver’s license for individuals with a potential medical condition which allows for quicker response and ensures the confidentiality of a driver. Lastly it removes a section from the Medical Licensure Act consistent with the other provisions of the bill.AN ACT TO AMEND TITLES 21 AND 24 OF THE DELAWARE CODE RELATING TO DRIVER’S LICENSES.
SCR 132PassedBrownThis Senate Concurrent Resolution proclaims April 2024 as "Second Chance Month" in the State of Delaware.PROCLAIMING APRIL 2024 AS "SECOND CHANCE MONTH" IN THE STATE OF DELAWARE.
SCR 133PassedPooreThis Senate Concurrent Resolution recognizes March 2024 as "Colorectal Cancer Awareness Month" in the State of Delaware.RECOGNIZING MARCH 2024 AS "COLORECTAL CANCER AWARENESS MONTH" IN THE STATE OF DELAWARE.
SCR 136PassedBucksonThis Resolution recognizes April 2024 as "Parkinson's Disease Awareness Month" in the State of Delaware. RECOGNIZING THE MONTH OF APRIL 2024 AS "PARKINSON'S DISEASE AWARENESS MONTH" IN THE STATE OF THE DELAWARE.
SCR 137PassedLawsonThis Senate Concurrent Resolution recognizes March 29, 2024, as "National Vietnam War Veterans Day" in Delaware. RECOGNIZING MARCH 29, 2024, AS "NATIONAL VIETNAM WAR VETERANS DAY” IN THE STATE OF DELAWARE.
SCR 139PassedWilsonThis resolution designates April 6, 2024, as "National Tartan Day" and commemorates the outstanding achievements and contributions made by Scottish-Americans to the United States. When the United States was first formed and the thirteen states selected their first governors, nine were of Scottish ancestry. All the members of the first American cabinet had Scottish ancestry. Delaware's first governor, John McKinly,was born in Northern Ireland of Scottish descent. Americans of Scottish descent have played a vibrant an influential role in the development of this country. However, not until 1997 was this influence recognized by a single-year U.S. Senate Resolution that appeared in the Congressional Record of April 7, 1997. In 1998 National Tartan Day was officially recognized on a permanent basis when the U.S. Senate passed Senate Resolution 155 recognizing April 6th as National Tartan Day. This was followed by companion bill House Resolution 41, which was passed by the U.S. House of Representatives on March 9, 2005. President George W. Bush signed a Presidential Proclamation on April 4, 2008 making April 6 National Tartan Day. In April of 2008, then Governor Minner issued a statement celebrating the accomplishments of Scots-Irish Americans in the First State as part of a Scots/Scots-Irish Heritage Month. April 6 commemorates the signing of the Declaration of Arbroath in 1320, which asserted Scotland's sovereignty over English territorial claims, and which was a significant influence on the American Declaration of Independence. Canada has been celebrating "National Tartan Day" since 1993. The idea and motivation for creating a similar American holiday was provided by the Scottish Coalition, a group of national Scottish-American cultural organizations. COMMEMORATING THE OUTSTANDING ACHIEVEMENTS AND CONTRIBUTIONS MADE BY SCOTTISH AMERICANS TO THE UNITED STATES BY PROCLAIMING APRIL 6, 2024, AS NATIONAL TARTAN DAY.
SCR 140PassedSokolaThis Senate Concurrent Resolution seeks to preserve the history of the famed World War II Black aviation units making up the Tuskegee Airmen. It also honors the Airmen as a group and names 13 Delawareans who have been identified thus far as having been members of the component units making up the Tuskegee Airmen.HONORING THE HISTORY OF WORLD WAR II’S TUSKEGEE AIRMEN AND THE DELAWAREANS WHO SERVED THEREIN.

Senate Committee Assignments

Committee
Banking, Business, Insurance & Technology
Corrections & Public Safety
Environment, Energy & Transportation
Health & Social Services
Judiciary

House Committee Assignments

Committee
Appropriations
Economic Development/Banking/Insurance & Commerce
Education
Judiciary
Sunset Committee (Policy Analysis & Government Accountability)

Senate Committee Report

No Senate Committee Report

House Committee Report

No House Committee Report

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

No Records